
handle: 11144/5446
Based on the analysis of the decisions of the Italian Constitutional Court and the German Constitutional Court, we intend to test the configuration of a right to disposition over one's own life, which implicitly is already within the protective perimeter of the right to self-determination in terms of healthcare. The right to die with dignity includes the right to refuse medical-surgical treatment and the right to abstain from treatment, even if the result of death is produced. Underlying these rights of the right to personal self-determination, the implicit recognition of a right to voluntary interruption of life indicates that the right to a self-determined death includes the freedom to dispose of one's life in an end-of-life context as a real alternative to the right of access to palliative care, and the patient's decision to anticipate his death must be respected by the State and society as an act of personal self-determination, which must be integrated into the promotion of public policies to ensure a dignified end of life, since death it could be an essential component of the full fulfillment of the mandate to optimize the free development of the personality. Respect for the fundamental right to self-determination, including self-determination in end-of-life decisions, of a person who freely and voluntarily decides to anticipate the end of his life does not conflict with the State's duty to protect life, since the right that protects the legal asset cannot be imposed on the holder under penalty of convoking it into a right/duty, a legal imposition on the patient who no longer finds in it the idea that precedes it as a "good" and, therefore, as a protected interest. In this desideratum, in order to safeguard the freedom of the ethical-legal presupposition of the legal order that is the human person, there seem to be no reasons for not fully recognizing a right to disposition over life itself from which the necessary guarantees and powers to be protected with dignity in the context of a Democratic Rule of Law which, as an unfinished ethical project, should ensure the achievement of this medical act in accordance with a true paradigm of integral respect for the primacy of the human person.
Liberdade de Dispôr Sobre a Própria Vida, Liberdade de Consciência, Direito a uma Morte Autodeterminada, Direito a uma Morte Digna, Desenvolvimento da Personalidade
Liberdade de Dispôr Sobre a Própria Vida, Liberdade de Consciência, Direito a uma Morte Autodeterminada, Direito a uma Morte Digna, Desenvolvimento da Personalidade
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